The timeline for your marriage based green
card application depends on your specific situation.
The biggest factors that determine how long your case will take overall are
whether you are marrying a U.S.
citizen or a green card holder, and whether your application
is inside the U.S. or outside the U.S..
So let's take a look at examples of the timeline you can expect
for these different scenarios and the steps that you need to take
if you want your green card to be approved on time.
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The very first step that every single marriage based green card
application requires is the filing of an I-130
Application for Alien Relatives.
This application will establish your category of eligibility for a green card.
USCIS will then send you an official receipt number in the mail,
usually within two weeks to one month after filing your application.
You can then use this number to track your application
online through the USCIS website.
If USCIS determines that something more is needed,
or if your case is missing a certain document, they may then send you
something called an RFE or a request for evidence.
If your case were to receive an RFE you may receive this
within 4 to 6 months after filing the I-130.
This can slow down your case considerably,
but sometimes it cannot be avoided, as certain times
USCIS may even request documents that you have already provided.
But in order to make sure that your case is not missing
any required documents in the first place, be sure to read the instructions
for the I-130 and follow the required document guideline closely.
USCIS will then take between 9 to 12 months to process your I-130.
At this point, your guideline for getting your green card will depend on
whether you are inside the United States or whether you are outside
the United States.
If you are marrying a U.S.
citizen and you are already inside the United States, you're in luck
because these cases are often the quickest ones.
This is because if you are marrying a United States citizen and you are inside
the United States, you can simultaneously or concurrently file your Application
to Adjust Status the Form I-485 along with your I-130
in order to save a little bit of time and combine the two cases together.
Normally, this process is called a "Two Step Petition" and can
take anywhere from 6 months to 12 months to be processed inside the United States.
Depending on where you live, as formally this
requires an interview in front of an immigration officer,
thus the timeline will depend on how busy your local office is,
about 4 to 6 weeks after filing your I-485 along with I-130,
you will receive a notice with the date and time of a biometrics appointment.
This is where they take your fingerprints and photo used to process
your application, as well as a work permit application if you have provided one.
This will be typically scheduled at the Application Support Center
or the USCIS Field Office that is assigned to your case.
Once USCIS finishes processing your application, they will send you
a notice of the time and date and location of your green card marriage interview.
Both you and your spouse must attend this interview, and it will
typically take place about 1 to 2 months after you received the appointment letter.
However, because of current backlogs, this wait time
for the interview in the first place can be many many months
long, and will certainly depends on where in the United States you live.
Typically, the officer may let you know at the end of the interview
whether you are approved, but even if they don't tell you exactly
that day, you should receive your letter in the mail
within one week to one month after the interview date.
The total average time for the processing of an I-130
plus I-485 application is between 10 to 14 months throughout the United States.
But what if you are inside the United States and married a green card holder?
Unfortunately, this is one of the longest timelines.
First, you may not always be eligible to file the I-485 along with your I-130.
The only times you can file this concurrently is
if your priority date as the spouse of an LPR is current.
Because this type of green card is not exempt from annual limits,
you must wait for a green card in this category to become available
before applying.
You can check this in the monthly Visa Bulletin issued by the Department of State
every month.
Right now, the F-2A category, which is the category for spouses of green
card holders, is current, meaning that at this time, inside the U.S.
a spouse of a green card holder can also file their I-485
along with the I-130, as well as the children as well.
But keep in mind that the Visa Bulletin is subject to change
on a month-by-month basis, so this could change at any time.
When submitting your green card application, you'll receive a notice
from USCIS within two weeks to one month, letting you know
whether it has been received and assigning you a case number.
About one month after filing this,
you will also receive your Biometrics Appointment.
And just like with the I-130 that I just mentioned, if USCIS requires
any additional information, they will typically let you know within 4
to 6 months after filing through a request for evidence.
The average processing time for the spouse of an LPR is between 22 to 36 months.
But what if you are married
to a green card holder and you live outside the United States?
This is commonly referred to as consular processing
because your green card will automatically be processed at the U.S.
Embassy in your home country.
After USCIS approves your I-130, they will forward your case
to the National Visa Center, who will then assign it their own unique case number.
This will be used to identify your case
with the National VISA Center and the Department of State from then on.
One thing to note,
if you are living outside
the United States and you're marrying a green card holder instead of a U.S.
citizen, there is an extra step.
You will also have to wait for your category to become current
according to the Visa Bulletin in order to proceed with the interview.
Right now, the F-2A category is current, so spouses of green card
holders would not have an extra wait.
But going forward,
if this changes, then yes, your interview will have an extra wait time.
Once the NVC receives your case, they will instruct you to file
the DS-260 online, if your case and your category is current.
It can take them up to three weeks to process this form.
You will get a notice confirming whether they have received
your application and instructing you on what documents to submit next.
Sometimes these documents can be uploaded electronically through the NVC website,
or they may be required to be submitted by mail.
Normally, it can take between one to several months for NVC
to go through these documents and mark you as documentarily qualified,
which would mean that all of your required documents have been submitted.
However, should anything be missing or unacceptable, NVC will let you know,
and you must resubmit correct documents and wait the time
period again for NVC to process these documents.
Once you are documentarily qualified, the NVC will forward your case
to your consulate, where you must then wait for your appointment.
Typically, it takes between 1 to 2 months to schedule and receive the appointment.
However, with the embassies being backlogged
around the world, the wait time could be significantly longer.
Once your appointment is scheduled, you will need to schedule
your medical exam and obtain fresh documents as required.
You will also need to confirm your passport delivery address
and method of delivery,
and attend your fingerprinting appointment prior to your appointment.
The consulate may approve your application the same day, but typically,
you may also need to wait
at least 1 to 2 weeks to receive your passport back with the good news.
When you receive your passport,
it will contain an immigrant visa that must be used within six months.
Before you travel to the United States you should try to pay
the immigrant fee through the USCIS website.
Then get on the plane and come to the U.S.
where your passport will be endorsed, and you will receive a Temporary Proof
of Status as a green card holder for one year
before you receive the actual card in the mail.
This entire process can take anywhere from 15 to 22 months.
Including all of the necessary information and documents
at the beginning of each step will help you to reduce your timeline.
An experienced immigration lawyer
can certainly help with this, so if you are looking for assistance
on your case, you can call our office at (212)2248-7907.
I have helped hundreds of couples receive their green cards
inside the US, and from outside the US, without delay.
So if you need assistance, give us a call.
It's important to prepare
well for your marriage green card interview,
especially when you're inside the United States.
If you would like to watch my video where I go in-depth into the type of questions
that you can expect and where I give my expert tips
on how to prepare and answer questions, click here to watch this next video.
I'll see you there.